Is my son a naturalized citizen?

[Scottb 0]

Is my son a naturalized citizen, or is he a citizen at birth under 301g of the Immigration and Naturalization Act?

I am an American born US citizen and my wife is a Cambodian citizen. Our son was born in Cambodia and when we got his US passport, we were told that he is a naturalized citizen of the United States. I was told that he would be considered a citizen at birth only if my wife was also an American citizen, or if I was in the Armed Forces or an employee of the US government.

Acquaintances argue otherwise, that my son is indeed an American at birth and not a naturalized citizen. I don't have the paperwork or passport with me, as he's with my wife in Cambodia while I'm in California on business, but I recall being told at the US embassy in Phnom Penh that our son is a naturalized US citizen because he was born outside of the US to an American citizen and a foreign national.

[Penguin_ie 5,993]

We were told our twins (born to my husband, a USC, and myself, an Irish citizen), born in Dublin, Ireland were citizens at birth- and thus could become President later in life (my husband has a dream of our girl being the first female Pres). The consular birth certificates say that too. But maybe that is because my husband was here too, and has custody of the kids (with me of course)? Rather than, in your case, the USC not living in the country concerned.

BTW, if your tag is correct and you are applying for a K1, and thus the mother is your fiancee, not wife, that might also affect the answer? I don't know.

Edited August 3, 2008 by Penguin_ie

[Penguin_ie 5,993]

I wanted to add that we were told this by the embassy staff (two different people), and that my husband is not in the armed forces or anything, he just came over here when we got married.

[lucyrich 20]

If he didn't take an oath of naturalization, he's not a naturalized citizen.

If he's a citizen through any provision of INA 301, including INA 301(g), he's a citizen at birth. Read INA 301 to see why. It says, "The following shall be nationals and citizens of the United States at birth: ", and goes on to list the various categories. One of the categories is a person board abroad who has one alien parent and one US Citizen parent, provided the citizen parent has spent the required time in the US.

As far as becoming president, the constitution says the president must be a "Natural Born Citizen", but that phrase is not used anywhere else, and no court has ruled on its precise meaning. So there's some debate as to exactly who is included as a "Natural Born Citizen". Most scholars say anyone who got citizenship at birth is a "Natural Born Citizen", but there's at least a bit of room for argument on this point.

The ability to become president is the only difference between a naturalized and natural born citizen. So unless the kid has a real future in politics, the point is probably moot.

[NickD 202]

If he didn't take an oath of naturalization, he's not a naturalized citizen.

If he's a citizen through any provision of INA 301, including INA 301(g), he's a citizen at birth. Read INA 301 to see why. It says, "The following shall be nationals and citizens of the United States at birth: ", and goes on to list the various categories. One of the categories is a person board abroad who has one alien parent and one US Citizen parent, provided the citizen parent has spent the required time in the US.

As far as becoming president, the constitution says the president must be a "Natural Born Citizen", but that phrase is not used anywhere else, and no court has ruled on its precise meaning. So there's some debate as to exactly who is included as a "Natural Born Citizen". Most scholars say anyone who got citizenship at birth is a "Natural Born Citizen", but there's at least a bit of room for argument on this point.

The ability to become president is the only difference between a naturalized and natural born citizen. So unless the kid has a real future in politics, the point is probably moot.

Then there is the N-600K that seem to cover this situation, that one woman, a USC, aboard, and pregnant was debating coming that posted here was debating whether to fly home and have her baby, or have her baby there and filing the N-600K. And it seems to make a big difference why you are there, military service, government contractor, embassy, etc., gets complicated. Would either contact the USCIS directly, good luck, or an immigration attorney. I believe to be a USC by birth, you have to have a US birth certificate. Dang illegals can get those.

[Dakine 26]

"If he didn't take an oath of naturalization, he's not a naturalized citizen."

My adopted K4 daughter has her USC and never took an oath.

[NickD 202]

"If he didn't take an oath of naturalization, he's not a naturalized citizen."

My adopted K4 daughter has her USC and never took an oath.

Does your adopted daughter have a piece of paper that states that? Not trying to be a smarta$$, just very interested in learning about this procedure. If a child has a foreign birth certificate, something has to be done, unless a US birth certificate was issued.

[Scottb 0]

BTW, if your tag is correct and you are applying for a K1, and thus the mother is your fiancee, not wife, that might also affect the answer? I don't know.

Yes, we are on the K1 visa track, but I've just learned that marital status has no bearing on the child's citizenship, as long as the USC parent signs an acknowledgment of paternity and an Affidavit of Support. I did both and after reading the article below, I'm assuming that my son is in fact a Citizen at Birth and not a naturalized citizen.

http://immigration.findlaw.com/immigration...ou-know(1).html

5. November 14, 1986 to Present

If at the time of your birth, both your parents were U.S. citizens, and at least one had a prior residence in the United States, you automatically acquired U.S. citizenship with no conditions for retaining it.

If only one parent was a U.S. citizen at the time of your birth, that parent must have resided in the United States for at least five years, at least two of which must have been after the age of 14. You don't need to do anything special to keep this type of citizenship. If your one U.S. citizen parent is your father and you were born outside of marriage, the same rules apply if your father established paternity prior to your 18th birthday, either by acknowledgment or by court order, and stated in writing that he would support you financially until your 18th birthday.

I do recall submitting an Affidavit of Support to the embassy when we got his passport.

[NickD 202]

BTW, if your tag is correct and you are applying for a K1, and thus the mother is your fiancee, not wife, that might also affect the answer? I don't know.

Yes, we are on the K1 visa track, but I've just learned that marital status has no bearing on the child's citizenship, as long as the USC parent signs an acknowledgment of paternity and an Affidavit of Support. I did both and after reading the article below, I'm assuming that my son is in fact a Citizen at Birth and not a naturalized citizen.

http://immigration.findlaw.com/immigration...ou-know(1).html

5. November 14, 1986 to Present

If at the time of your birth, both your parents were U.S. citizens, and at least one had a prior residence in the United States, you automatically acquired U.S. citizenship with no conditions for retaining it.

If only one parent was a U.S. citizen at the time of your birth, that parent must have resided in the United States for at least five years, at least two of which must have been after the age of 14. You don't need to do anything special to keep this type of citizenship. If your one U.S. citizen parent is your father and you were born outside of marriage, the same rules apply if your father established paternity prior to your 18th birthday, either by acknowledgment or by court order, and stated in writing that he would support you financially until your 18th birthday.

I do recall submitting an Affidavit of Support to the embassy when we got his passport.

You were nebulous on this point in your first post, and is not question to either convince this board or yourself for that matter. But you did say, "Our son was born in Cambodia and when we got his US passport"!

So your son does indeed have a US Passport? If he does, he is a US citizen, that is the only way you can get a US Passport. Well, at least legally, not implying in the least you did it illegally, but that is how spies come here, with counterfeit passports.

[Dakine 26]

"If he didn't take an oath of naturalization, he's not a naturalized citizen."

My adopted K4 daughter has her USC and never took an oath.

Does your adopted daughter have a piece of paper that states that? Not trying to be a smarta$$, just very interested in learning about this procedure. If a child has a foreign birth certificate, something has to be done, unless a US birth certificate was issued.

Yeah I had to have my daughter in my legal and physical custody for 2 years. USCIS [N-600] wanted 2 years from final adoption date. US passport agency wanted 2 years from date of our marriage in the Philippines. Made for over a years difference. I went with her getting her US PP as proof of USC. Got it in hand and only cost about $80. Will apply for N-600 [$420] when the 2 year date USCIS wants comes up. Really no need as the passport is proof enuf. I figure it will be easier to replace a lost PP if you have the N-600.

Nice to frame a copy and put on the wall as my 10 year old is VERY proud of being a US Citizen.

[NickD 202]

Proof of US citizenship, eh. Many of us take that for granted, when I was drafted needed that, wrote to Chicago and got a copy for around a buck back then, but that was lost, some 30 years later needed that birth certificate again for a US passport, wrote off again, think it was ten bucks the last time. Then needed more copies for the USCIS when I married my wife, so wrote off again.

Military, passport, and the USCIS are the only instances where I had to prove US citizenship, I think I had to show it for proof of age for my first driver's license, but that was years ago, never had to show it since, just renew it from my old driver's license.

Well it's a hundred bucks for a replacement passport and four hundred bucks for a replacement certificate of citizenship, but at least somebody has it on record if you ever need it.

But times are changing, I just enrolled in college with the only concern as to how I was going to pay for it and had many jobs. Daughter had to show proof just recently to enroll, and employers are required, least in our state that you are here legally before you can be employed.

Where are your papers?

[roscove 0]

Hello,

My wife was born in Japan. Her father was a US citizen living in japan at the time but not part of the armed services. My wife was registered as an American born abroad and received a US passport. Her father had satisfied the timing requirements for how long he had spent in the US etc so she was eligible to be considered. she is regarded as a US citizen at birth, not a naturalized citizen.

Hope this helps,

Dave

[moonhunt 1]

Hello,

My wife was born in Japan. Her father was a US citizen living in japan at the time but not part of the armed services. My wife was registered as an American born abroad and received a US passport. Her father had satisfied the timing requirements for how long he had spent in the US etc so she was eligible to be considered. she is regarded as a US citizen at birth, not a naturalized citizen.

Hope this helps,

Dave

Yes, if only one of parents is US Citizen at child's birth, which is considered as natural born citizenship, he/she will get US citizenship at birth when his/her US Citizen parents have been lived in US at least for more than 7 years or something like that.

[divedoc01 0]

I do not have the answer, however I am a US Citizen living and working on a work permit in Thailand. My girlfriend, we are not yet married, only ceremony provided by monks, and she is pregnant with my child. We do plan to get married however the baby may be born prior to this happy event taking place.

I need to know if our child will be a US citizen, a Naturalized citizen, Thai or Cambodian citizen?

Any one with the answer, please assist me here.

Thanks

[Penguin_ie 5,993]

I do not have the answer, however I am a US Citizen living and working on a work permit in Thailand. My girlfriend, we are not yet married, only ceremony provided by monks, and she is pregnant with my child. We do plan to get married however the baby may be born prior to this happy event taking place.

I need to know if our child will be a US citizen, a Naturalized citizen, Thai or Cambodian citizen?

Any one with the answer, please assist me here.

Thanks

Not sure about Thai/ Cambodian citizenship, but assuming you have been a US citizen and living in the USA for at least 5 years then yes, the child will be a US citizen from birth. You will need to go through a proccess called CRBA to get the equivalent of a US birthcert and his/ her US passport.